5 U.S.C. § 9206 — Rules of construction

Page 1293 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 9501 (ii) ensure that all hiring activities con- ducted pursuant to the regulations are con- ducted in a manner consistent with relevant Federal civil rights laws. (Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (c)(2)(B)(i), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to sub- chapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 116–92, div. A, title XI, subtitle B, § 1122(b)(2), Dec. 20, 2019, 133 Stat. 1608, provided that: ‘‘Section 9202 of title 5, United States Code (as added by this sub- title), shall take effect on the date that is 2 years after the date of enactment of this subtitle [Dec. 20, 2019].’’ § 9203. Agency policies; complaint procedures The Director of the Office of Personnel Man- agement shall— (1) develop, implement, and publish a policy to assist employees of agencies in complying with section 9202 and the regulations issued pursuant to such section; and (2) establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint, or any other information, relating to compliance by an employee of an agency with section 9202. (Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.) § 9204. Adverse action (a) FIRST VIOLATION.—If the Director of the Of- fice of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has vio- lated section 9202, the Director shall— (1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and (2) file such warning in the employee’s offi- cial personnel record file. (b) SUBSEQUENT VIOLATIONS.—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent vio- lation of section 9202, the Director may take the following action: (1) For a second violation, suspension of the employee for a period of not more than 7 days. (2) For a third violation, suspension of the employee for a period of more than 7 days. (3) For a fourth violation— (A) suspension of the employee for a period of more than 7 days; and (B) a civil penalty against the employee in an amount that is not more than $250. (4) For a fifth violation— (A) suspension of the employee for a period of more than 7 days; and (B) a civil penalty against the employee in an amount that is not more than $500. (5) For any subsequent violation— (A) suspension of the employee for a period of more than 7 days; and (B) a civil penalty against the employee in an amount that is not more than $1,000. (Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.) § 9205. Procedures (a) APPEALS.—The Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any ad- verse action taken under section 9204 by not later than 30 days after the date of the action. (b) APPLICABILITY OF OTHER LAWS.—An ad- verse action taken under section 9204 (including a determination in an appeal from such an ac- tion under subsection (a) of this section) shall not be subject to— (1) the procedures under chapter 75; or (2) except as provided in subsection (a) of this section, appeal or judicial review. (Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1607.) § 9206. Rules of construction Nothing in this chapter may be construed to— (1) authorize any officer or employee of an agency to request the disclosure of informa- tion described under subparagraphs (B) and (C) of section 9201(4); or (2) create a private right of action for any person. (Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1607.) Subpart I—Miscellaneous CHAPTER 95—PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE SERVICE Sec. 9501. Internal Revenue Service personnel flexibili- ties. 9502. Pay authority for critical positions. 9503. Streamlined critical pay authority. 9504. Recruitment, retention, relocation incen- tives, and relocation expenses. 9505. Performance awards for senior executives. 9506. Limited appointments to career reserved Sen- ior Executive Service positions. 9507. Streamlined demonstration project author- ity. 9508. General workforce performance management system. 9509. General workforce classification and pay. 9510. General workforce staffing. § 9501. Internal Revenue Service personnel flexi- bilities (a) Any flexibilities provided by sections 9502 through 9510 of this chapter shall be exercised in a manner consistent with— (1) chapter 23 (relating to merit system prin- ciples and prohibited personnel practices);